Information. Retired Membership. What is retired membership?

Transcription

1 Information Retired Membership 845 Cambie Street, Vancouver, BC, Canada V6B 4Z9 t BC toll-free Membership f TTY memberinfo@lsbc.org lawsociety.bc.ca What is retired membership? Retired members retain the same rights as practising members, except the right to practise law or to act as notaries public or Commissioners for taking affidavits. Retired members are entitled to: run for election as Benchers; vote in Bencher elections and general meetings of the Law Society; and receive Law Society publications. Who may apply for retired membership? A member in good standing who has done one or more of the following qualifies to become a retired member: reached the age of 55 years; been a member in good standing for 20 of the previous 25 years; engaged in the full-time active practice of law for 20 of the previous 25 years. A former member must first apply for reinstatement in order to become a retired member. If your reinstatement application is satisfactory, you will not be required to meet any conditions of reinstatement other than provision of an undertaking. If at some point you wish to return to practice, you will be subject to the Law Society's returning to practice rules. For more information, see the information sheets Reinstatement of Membership and Returning to Practice. If you qualify for retired membership, you may become a retired member by submitting an undertaking not to engage in the practice of law until released from that undertaking and by paying the application fee and annual retired member fee: see Law Society Rule 2-4. How do I apply for retired membership? To apply for retired membership, you should submit the following: Updated: 26-Jun-15 1 DM146884

2 Application for Retired Membership or the Application for Retired Membership for Reinstating Members; and a non-refundable application fee of $31.50 ($30, plus GST) and the annual retired member fee of $78.75 ($75, plus GST), which is prorated on a monthly basis. If you are a practising member, do not enclose these fees with your application. They will be deducted from the practising fee you have paid for the year. If the total of the application and retired member fees is less than the practising fee you have already paid, you will receive a refund for the balance. Can I be a retired member if I engage in legal research? In February 1994, the Credentials Committee resolved that persons who have been called to the BC bar must maintain their practising status if they wish to engage in legal research or prepare legal documents. The Committee determined that providing opinions is akin to providing legal advice, which constitutes the practice of law under section 1 of the Legal Profession Act. The definition of the "practice of law" in the Act also includes drawing, revising, or settling a document for use in a proceeding, judicial or extra-judicial, or a document relating in any way to a proceeding under a statute of Canada or British Columbia. Lawyers who provide research and opinion services to insured members and have no client contact whatsoever are exempt from professional liability insurance. What steps do I need to take to withdraw from practice? Becoming a retired member may trigger Law Society Rules 3-79 and 3-87 with regard to trust reports, disposition of files, trust monies and other documents and valuables. Please read these Rules to determine whether you will be required to take any steps prior to becoming a retired member. The Practice Support section of the Law Society website at lawsociety.bc.ca includes resources to assist in the process of withdrawing from practice, including: Winding up a Firm: A Checklist; Winding up a Sole Practice: A Checklist; and Withdrawal from the Practice of Law: sample newspaper notice and letter to clients. Will I need to requalify on returning to practice? If you apply to be released from your retired member s undertaking, you will be subject to the Law Society's returning to practice rules. The conditions of returning to practice vary, depending on the DM

3 length of time you have been engaged in the practice of law and the period of time you have been absent from practice. Please see the information sheet Returning to Practice for more information on conditions upon return to practice. Is membership with the Canadian Bar Association optional? Membership in the Canadian Bar Association is optional for all Law Society members, including retired members. If you would like to change your membership status with the CBA, contact the BC Branch office at How can I obtain more information? If you have any questions about retired membership, please contact: Member Services Law Society of British Columbia 8th Floor, 845 Cambie Street Vancouver, BC V6B 4Z9 Tel.: BC Toll-free: Fax: memberinfo@lsbc.org The information in this package is based on the Law Society Rules as they exist at this time. You must comply with the Rules that are in effect at the time you apply and with any changes in the Rules that may occur while you are in the process of becoming a retired member. If you have any questions about retired membership, contact a Member Services Representative at the Law Society of British Columbia. DM

4 LAW SOCIETY RULES Retired members 2-4 (1) A member of the Society in good standing who has done one of the following qualifies to become a retired member: (a) reached the age of 55 years; (b) been a member of the Society in good standing for 20 of the previous 25 years; (c) engaged in the full-time active practice of law for 20 of the previous 25 years. (2) A lawyer who qualifies under subrule (1) may become a retired member by (a) undertaking in writing to the Executive Director not to engage in the practice of law until released from the undertaking, and (b) paying the application fee specified in Schedule 1 and the prorated annual fee for retired members as provided in Schedule 3. (3) Retired members must pay the annual fee specified in Schedule 1 by the preceding November 30 (4) The Benchers may, by resolution, waive payment of the annual fee by a retired member or group of retired members. [(1) and (3) amended, (4) added 07/04] Trust report 3-79 (1) Subject to subrules (4) and (6), a lawyer must deliver to the Executive Director completed trust reports for reporting periods of 12 months covering all the time that the lawyer is a member of the Society. (2) The date on which a firm ceases to practise law is the end of a reporting period. (3) A lawyer must deliver a completed trust report to the Executive Director within 3 months of the end of each reporting period. (4) On a written request made before the due date of a trust report, the Executive Director may allow a lawyer to submit a trust report covering a time period other than 12 months. (5) A trust report delivered to the Executive Director under this Rule must (a) be in a form approved by the Discipline Committee, (b) be complete to the satisfaction of the Executive Director, and (c) include all signatures required in the form. DM

5 (6) A non-practising or retired lawyer or a practising lawyer who is exempt under Rule 3-43 from the requirement to maintain professional liability insurance and pay the insurance fee, is not required to file a trust report for a reporting period of 12 months during which the lawyer has (a) not received any funds in trust, (b) not withdrawn any funds held in trust, and (c) complied with this division. [(1), (3) and (5) amended effective 08/03; heading, (1) and (3) to (5) amended 12/03; (1) and (4) amended, (6) added 02/06] Disposition of files, trust money and other documents and valuables 3-87 (1) Before leaving a firm in British Columbia, a lawyer must advise the Executive Director in writing of his or her intended disposition of all of the following that relate to the lawyer's practice in British Columbia and are in the lawyer's possession or power: (a) open and closed files; (b) wills and wills indices; (c) titles and other important documents and records; (d) other valuables; (e) trust accounts and trust funds; (f) fiduciary property (2) Within 30 days after withdrawing from the practice of law in British Columbia, a lawyer or former lawyer must confirm to the Executive Director in writing that (a) the documents and property referred to in subrule (1) (a) to (d) have been disposed of, and any way in which the disposition differs from that reported under subrule (1), (b) all trust accounts referred to in subrule (1) (e) have been closed and that (i) all the balances have been (A) remitted to the clients or other persons on whose behalf they were held, (B) transferred to another lawyer with written instructions concerning the conditions attaching to them, or (C) paid to the Society under Rule 3-89 [Payment of unclaimed trust money to the Society], and (ii) any net interest earned on a pooled trust account has been remitted to the Foundation in accordance with this division, and DM

6 (c) the lawyer or former lawyer has notified all clients and other persons for whom the lawyer is or potentially may become a personal representative, executor or trustee regarding the lawyer or former lawyer s withdrawal from practice and any change in his or her membership status. (3) A law corporation must confirm to the Executive Director as required under subrule (2) within 30 days of (a) cancellation of its permit under Part 9 [Incorporation and Limited Liability Partnerships], and (b) ceasing to provide legal services. (4) The Executive Director may, on application in writing by the lawyer, former lawyer or law corporation, extend the time limit referred to in subrule (1), (2) or (3) or, if in the opinion of the Executive Director it is in the public interest, relieve the lawyer, former lawyer or law corporation of any of the requirements of those subrules. (5) On an enquiry, the Executive Director may disclose information collected under this Rule if satisfied that (a) the person enquiring has a bona fide reason to obtain the information, and (b) disclosure of the information would not be an unreasonable invasion of anyone's privacy. [(2) and (3) amended, (2.1) added, (4) rescinded 12/03; (2) amended 02/06] DM